Strict implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, appropriate preventive action by the police and fear of law could have averted the killing of two Dalit children by caste Hindu men for defecating in the open, the Human Rights Law Network (HRLN) said in a report.
The police did not heed complaints of the Dalit family, belonging to the Mehtar caste, of severe caste-based discrimination and untouchability at Bhavkhedi in Shivpuri district, the preliminary report said.
“No action was taken on the family’s previous complaints of harassment. This gave upper caste persons impunity,” said Swapnil Shukla, part of the two-member fact-finding team of the network of lawyers and activists working for marginalised communities.
“Had the police taken preventive steps, the incident could have been averted,” he said.
The team met the family, villagers, the public prosecutor and a Dalit rights activist. On September 25, as the two children were defecating along a road, two brothers, of the dominant Yadav community in the village, allegedly hit them on their heads with sticks, killing them. The police have said the caste angle is being looked into, as part of the investigation.
Due to the media coverage, a case was registered swiftly, but it was a one-off, Mr. Shukla told The Hindu . “Overall, due to the shoddy implementation of the Act in the district, the police are reluctant to register cases of caste discrimination. This is often under pressure from upper castes.”
The team said adequate police protection was being provided to the family and a riot-control vehicle has been stationed in the village. Moreover, the district administration has promised the family members housing and jobs in Shivpuri city.
Half of the compensation mandated under the Act, ₹4,12,500, was provided to families of each of the victims the day after the incident, the report said.
The team noted that the gun licence with the Yadav family was yet to be revoked. It recommended setting up of special cells under the Act in sensitive areas.
The network would assist the public prosecutor in fighting the case.
Besides, another fact-finding team, comprising members of the Dalit Shoshan Mukti Manch and the Communist Party of India (Marxist) visited the spot.
“The family’s application for housing and toilet was rejected without any reason, and the District Collector was aware of this,” said Badal Saroj, Joint Secretary, All India Kisan Sabha.
Moreover, the headmaster and teachers of the village school, where the children of the family swept floors and cleaned toilets, needed to be sensitised, he said.
Meanwhile, a team of the district administration visited the school recently, and claimed to have found no signs of caste discrimination there.
